Please read these Terms of Condiitions of Use ("Terms", "T&Cs", "Terms of Use", "Terms and conditions", "Terms of Service") carefully, they contain
important information about your rights and
obligations

By accessing this site you agree to be legally bound by the
following Terms of Use summarised below and you accept WeSayWePay.com
"as is" and choose to use it at your own risk. Access to our site is
permitted on a temporary basis and we reserve the right to withdraw or
amend the service we provide on our site without notice to
you.

Privacy

In addition to reviewing these Terms, we respect
your privacy so you also should read our Privacy
Policy to explain how we collect and use your personal information.
Your use of the Site and its Services constitutes your agreement to our
Privacy Policy as part and within the Terms and Conditions of Use.

We're in Beta

WeSayWePay is currently a
beta version. This means that it is the first release of the site and
we're still working on improving and developing the website. We welcome
suggestions or if you experience any issues then please contact us at hello@WeSayWePay.com

Terms

The following defined terms appear in this Terms of
Service for Customers.

"Goal": The specific intent and Beneficiaries for which efforts and fundraising are directed and Projects created.

"Customer": An individual that registers to use, or
uses our service to make, designate, or process payment
transactions

"You" or "User":
A person that registers with the service as an organiser (Project
Manager) or a beneficiary or is a participant (Contributor) to group
Projects (event, activity, plan)

"Account":
The WeSayWePay project account created by Users who undertake to organise, set up the WeSayWePay project, and to receive the payment transaction on behalf of Beneficiaries

"Beneficiary": The intended recipients of the Project Goal, all Contributors and any Stakeholders howsoever defined.

"WeSayWePay Project Group" or
"Group": The pooling or aggregation of funds from
Contributors via payment transactions and stakeholders relating to the
WeSayWePay Project

"WeSayWePay Project": Is an event, plan or activity created using WeSayWePay in which funds from multiple participants are pooled and directed by the trustee for the designated WeSayWePay project purpose (Goal).

"Payment Instrument":
PayPal service that is registered with the WeSayWePay
service by customers to facilitate the processing of payment
transactions must be associated with a billinThe processing of a payment through the service that results in the charging of the purchase amount to a customer’s payment instrument and the crediting of funds to a beneficiary.

"Purchase Amount": The Sterling
amount of a payment transaction for an individual contribution to a
WeSayWePay project.

"Service": The service, described in these Terms of Service for customers, facilitates the processing of payment transactions and administration of groups of Contributors (people who make donations) and Project Managers (the Project’s trustee and creator) to collect and pool money, in order to support community Projects with a specific Goal.

BY CLICKING ON THE "SIGN UP" BUTTON ON THE
WeSayWePay.COM REGISTRATION PAGE YOU AGREE TO BE BOUND
BY THIS TERMS OF SERVICE.

Registration and signing in

You need to register to use
WeSayWePay.

Registration is required to set up a WeSayWePay
project (as a Project Manager) or contribute (donate or support) or
contribute (write) content.

However, registration is not required to view restricted content only
but not use the services of WeSayWePay.

In order to register, you must supply your name, email address and a
password. You must provide us with accurate, complete and up-to-date
information.

In order to access your WeSayWePay profile after
registration, you must sign in using your email address and password.
You must keep your password confidential and secure. You will be
responsible for any access to WeSayWePay by anyone
using your sign-in details. Please notify us immediately if you know or
suspect that anyone has signed in to your profile without your
authority.

You must be at least 18 years of age and resident in the UK to
register.

Currently registered users (Project Managers) must use the
PayPal service (linked to a bank account) as a payment
instrument for purposes of validation and for payment of transactions,
arising from its use of the WeSayWePay service.

Project Managers agree to provide current, complete and accurate
registration information and payment instrument information, including
submitting a request for a payment authorisation of an amount of less
than £1 to verify the PayPal account's status which will be refunded immediately.

WeSayWePay in its sole and absolute discretion, may
refuse to approve or may terminate existing registration for a Project
Manager with or without cause or notice.

WeSayWePay also reserves the right to refuse the
service to any user

All registrants may not:

Impersonate any other person,
or otherwise misrepresent your identity or status, on
WeSayWePay;

Harvest or otherwise collect
information about WeSayWePay users, including email
addresses, without their consent;

Take any other action that
may undermine the purpose of WeSayWePay as a service to
help people raise money online

WeSayWePay will not be held liable for any loss or
damage due to non-compliance.

WeSayWePay Content

WeSayWePay contains information, graphics, designs,
logos, software and other content ("WeSayWePay
Content"). You acknowledge and agree that we own all title to, and
intellectually property rights in, WeSayWePay and the
WeSayWePay Content. For as long as you are registered
with WeSayWePay, you may access and use
WeSayWePay and the WeSayWePay Content,
print, copy and download individual pages of WeSayWePay
Content and store such pages in electronic form for your personal use
only, provided that you comply with these Terms of Use.

You must ensure that any copyright and trademark notices in the
WeSayWePay Content appear in all copies of the
WeSayWePay Content and you must not:

Modify the WeSayWePay Content in any way;

Copy, store electronically or systematically download all or any
part of WeSayWePay or the WeSayWePay
Content, except as permitted above; or

Re-publish, distribute,
sell (or offer to sell) or otherwise make available to third parties all
or any part of WeSayWePay or the
WeSayWePay Content.

Your Content and other website accounts

In creating a
WeSayWePay profile and using
WeSayWePay, you will provide us with information and
other content ("Your Content"). By submitting Your Content to us, you
grant us a licence to use, host and publish Your Content for the
purposes of operating WeSayWePay and administering your
WeSayWePay profile.

In using WeSayWePay, you may link accounts or
registrations, which you hold with third party websites to your
WeSayWePay profile ("Your Accounts"), in order to build
your profile rating. By doing so, you grant us a licence to access Your
Accounts at any time and without notice, to extract information about
you from Your Accounts and to use and store such information in order to
administer your WeSayWePay profile.

Please note that we will only use personal information about you in
accordance with our Privacy Policy.

Service: Facilitating transactions between groups and individuals

WeSayWePay facilitates groups of Contributors (people who make donations) and Project Managers (the Project’s trustee and creator) to collect and pool money, in order to support community Projects with a specific Goal.

If a WeSayWePay project (event, activity, plan)
is successfully completed; by reaching a predetermined (monetary)
collection goal deadline; WeSayWePay transfers deposits
from participants of the WeSayWePay project to the appointed trustee for the intended purpose.

If a WeSayWePay project expires or is not successful
based on the organiser's pre-determined collection goal,
WeSayWePay will refund all payments (if any have been
collected) associated with the WeSayWePay project back
to the contributing participants.

Transaction Fees will only be applied for successful WeSayWePay projects i.e. where the full monetary amount is reached and on an “all or nothing basis”.

Transaction fees comprise our administrative levy of 5% of the transaction value and a one-off charge of £3.50. Where appropriate our fees will be subject to Value Added Tax (VAT). Our third party payment processor, PayPal may levy payment processing charges details of which can be found here.

Service: Your Responsibilities and Risks

WeSayWePay provides an online platform to facilitate community groups in raising and administering funds towards achieving community projects. Our innovation means adapting existing formal legal frameworks to enable the most appropriate framework to support community endeavours created to help people raise money online for the things that matter to them most. To this end we believe that a Power of Attorney arrangement is most effective way to make the process easy and robust, as follows:

The person who initiates a project via WeSayWePay.com does so as the Project Manager, and invites Contributors to donate money to finance the Project, and sets out:

The project Goal and who will benefit

The target Amount required to achieve the project Goal

A date when fund raising will close

Any person may contribute to the project fund, whether or not they expect to be a direct beneficiary of the project Goal, and by doing so: Makes a voluntary donation, which the Project Manager is only obliged to refund if:

The Contributor retracts their donation, (who can do so at any point up until the final two weeks of Project funding deadline), or

The Project manager or WeSayWePay terminate or cancels the project, or

If the project fails to raise the target sum within the fund raising period.

Contributors also grant a limited and revocable power of attorney to the Project Manager:

To administer their contribution as their appointed Agent in order to achieve the stated project objective (Goal) in accordance with Powers of Attorney Act 1971.

Places the Agent (Project Manager) under a duty of trust to use the funds in the interests of the donor (and not his/ her own).

To familiarise themselves with their responsibility as Agent and the Project Managers duties and obligations (below) in general.

When you use the Site, you authorise WeSayWePay to process donations that you make through the Site. When you make these donations, you agree WeSayWePay will:

Process your donations through WeSayWePay and its third party payment processor, PayPal, minus any charges they may make.

Hold any donations in a segregated client bank account; attributable to a specific project for which we maintain a strict accounting record of all contributions and disbursements made in respect of each Project created. Any interest accrued over £10 for deposits over £500 pa for any given project will be remitted in respect of each Project created.

Use our Transaction fees to support an online forum and back office infrastructure to support this kind of fund raising process, and publicise our services in order to widen the reach of potential contributors for your next WeSayWePay project.

WeSayWePay will make every effort in good faith to collect monies committed by Group members; WeSayWePay does not guarantee that it will collect the full amount of money committed by Contributors. WeSayWePay reserves the right to cancel a WeSayWePay Project and refund all associated members' payments at any time for any reason.

Service: Your Duties and Obligations

Each Contributor or Project Manager undertakes to uphold and consent to the following duties and obligations:

Project Manager:

Acts “on behalf” of Contributors which creates an agency relationship.

As Agent has a duty of trust to use the funds in the interests of the donor and not his/ her own.

Understands any granting of power of attorney in accordance with the stated project objective (Goal) is strictly revocable and limited in accordance with Powers of Attorney Act 1971.

Has a fiduciary and legal responsibility to the Contributors and to ensure good faith is practiced on all matters of representation and conduct at all times.

Understands misuse of Project funds may result in civil or criminal penalties.

Contributor:

Authorises the Project Manager to act “on behalf” of the Contributor as their Agent.

Confirms their intention to grant the Project Manager as Agent a limited Power of Attorney in accordance with Powers of Attorney Act 1971, subject to the understanding:

a. Such power granted to the Agent is restricted to authority to administer only their contribution made via WeSayWePay, and

b. To act as Agent in so far as is necessary to administer their contribution to achieve the project Goal towards to which the contribution has been made.

Liability and Warranty

WeSayWePay is not responsible for any uses of the proceeds and only facilitates groups of Contributors (people who make donations) and Project Managers (the Project’s trustee and creator) to collect and pool money, in order to support community Projects with a specific Goal.

WeSayWePay does not offer consumer credit; neither
is it a creator of e-money; nor a licensed deposit taker: All activities
regulated in the UK under the Office of Fair Trading and Financial
Services Authority respectively.

WeSayWePay does not solicit or induce investment
opportunities nor does Contribution to any Project constitute a holding
of equity or shareholding in any WeSayWePay Project or
undertaking now or in the future.

WeSayWePay also makes no guarantees regarding the
performance or fairness of its payment service, PayPal
Inc. WeSayWePay, Inc. shall not be liable for your
interactions with any organisations and/or individuals found on or
through the WeSayWePay service after funds have been
transferred. This includes, but is not limited to, delivery of goods and
services through WeSayWePay projects, and any other
terms, conditions, warranties or representations associated with such
dealings.

After WeSayWePay transfers funds to the Agent,
all subsequent dealings are solely between you and such organisations
and/or individuals. By using our service, you agree that
WeSayWePay is not responsible for any damage or loss
incurred as a result of any such dealings. WeSayWePay
is under no obligation to become involved in disputes between group
event participants, organisers, and beneficiaries, or between site
members and any third party. In the event of a dispute, you release
WeSayWePay, its officers, employees, agents and
successors from all claims, damages and demands, known or unknown,
suspected or unsuspected, disclosed or undisclosed, arising out of, or
in any way related, to such disputes and our service.

Though WeSayWePay cannot be held liable for the actions of a
Project Manager, organisers are nevertheless wholly responsible for
fulfilling obligations both implied and stated in any group Project they
create. WeSayWePay reserves the right to cancel any Project and refund
all associated Contributors' payments at any time and for any reason.
WeSayWePay reserves the right to remove a Project from our Web site for
any reason, not limited to the following:

A violation of another person's
privacy or a breach of confidentiality;

An infringement of any
other person's intellectual property rights, such as copyright or
trademarks; or

An offer to sell goods or services to another
person; or

Gain unauthorised access to our site; introducing a
computer virus or other malicious or harmful code; attack our site via a
denial- of-service attack or a distributed denial-of service attack.
Breaching this provision would constitute a criminal offence under the
Computer Misuse Act 1990.

European Anti-money laundering Regulations

WeSayWePay has an obligation to comply with Money Laundering Regulations, which mean identifying and verifying the identity details of Project Managers.

If a WeSayWePay wishes to avoid unnecessary ‘red tape’, which inhibits participation, as our reason for existing is to facilitate grass roots involvement in community projects. Accordingly, on a risk weighted assessment appropriate for an online environment WeSayWePay has determined that where the funds raised are below the 2000 Euros threshold set by the European Money Laundering guidelines, it is sufficient to rely on the prior money laundering checks conducted by the underlying bank account linked to the Project Managers verified PayPal account, to verify his/her identity details.

Where the cumulative funds raised by a Project Manager exceed 2000 Euros (including prior fundraising projects), WeSayWePay will request proof of identity and address in compliance with the UK Money Laundering requirements. This may also apply to Contributors.

ALL SERVICES ON THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF
NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT

THE SERVICES WILL MEET YOUR REQUIREMENTS;

THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;

THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES
WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR

THE QUALITY OF
ANY MATERIALS OR SERVICES OBTAINED BY YOU FROM THE SITE, FROM US, OR
FROM ANY THIRD PARTIES' WEBSITES TO WHICH THE SITE IS LINKED, WILL MEET
YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS. THE USE
OF THE SERVICES, THE SHARING OR UPLOADING OF CONTENT, OR THE DOWNLOADING
OR OTHER ACQUISITION OF ANY MATERIALS OR CONTENT THROUGH THIS SITE OR
THROUGH THIRD PARTIES' WEBSITES TO WHICH THE SITE IS LINKED, IS DAT
YOUR OWN RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM SUCH ACTIVITIES.

Our site automatically updates constantly. If the need arises, we may
suspend access to our site, or close it indefinitely. Any of the
material on our site may be out of date at any given time, and we are
under no obligation to update such material.

We may limit or terminate our service, remove content and take
technical and legal steps to prevent users from the site if we think
they are creating problems or acting inconsistently with the letter or
spirit of our policies. We don't tolerate offensive or disrespectful
content and we reserve the right to remove any content and/or block
users who engage in such practice. Please report problems, offensive
content and policy violations.

Trademarks

The trademarks, names, logos and service marks
(collectively "trademarks") displayed on this website are registered and
unregistered trademarks of the website owner. Nothing contained on this
website should be construed as granting any license or right to use any
trademark without the prior written permission of the website owner.

Third party rights

A person who is not a party to these
Terms of Service has no right under the Contracts (Rights of Third
Parties) Act 1999 to enforce any term of these Terms of Service

Jurisdiction and applicable law

We may assign, transfer or
sublicense any or all of our rights or obligations under these Terms of
Use without restriction. If any part or provision of these Terms of Use
is found to be unenforceable, this shall not affect the validity of any
other part or provision.

These Terms and any dispute or claim arising out of or in
connection with them or their subject matter or formation (including
non-contractual disputes or claims) shall be governed by and construed
in accordance with the law of England and Wales. The English courts will
have non-exclusive jurisdiction over any claim arising from, or related
to, a visit to our site although we retain the right to bring
proceedings against you for breach of these conditions in your country
of residence or any other relevant country.